Loading...
HomeMy WebLinkAboutCause No. 29D01-0902-PL-192 STATE OF INDIANA ) IN THE HAMILTON SUPERIOR COURT NO. 1 ) SS: COUNTY OF HAMILTON ) CAUSE NO. 29D01-0902-PL-192 CITY OF CARMEL, V' A Plaintiff, ) Vctr �O ``\ v. ) BUSH DEVELOPMENT COMPANY, L.P.,) FIFTH THIRD BANK, and ) FANNIE MAE ) ) Defendants. ) ANSWERS TO THE FIRST REQUESTS FOR ADMISSION The Plaintiff, the City of Carmel ("Cannel"),by counsel, for its answers to First Requests for Admission served by the Defendant, Bush Development Company L.P. ("Bush Development"), states as follows. Requests for Admission REQUEST NO. 1: Admit that the front yard set-back requirement under the Cannel Zoning Ordinance for the section of 116th Street adjacent to the Real Estate was thirty-five (35) feet at the time of the commencement of this cause of action. ANSWER: Deny. REQUEST NO. 2: Admit that the front yard set-back requirement under the Keystone Avenue Corridor Overlay Zone for the section of Keystone Avenue adjacent to the Real Estate was thirty(30) feet at the time of the commencement of this cause of action. ANSWER: Admit. ti REQUEST NO. 3: Admit that the apartment building owned by Bush Development and located at 3002 Warren Way, Carmel, Indiana, was a legal conforming use under the Carmel Zoning Ordinance immediately prior to the commencement of this cause of action. ANSWER: Objection. Carmel lacks information sufficient to admit or deny whether the apartment building owned by Bush Development and located at 3002 Warren Way in Cannel was a legal conforming use immediately prior to the commencement of this lawsuit. Specifically, Carmel did not conduct an inspection of the apartment building immediately prior to the commencement of this lawsuit in an effort to determine if it complied with the set-back requirements and was being used in a manner consistent with the Cannel Zoning Ordinance. If it complied with the set-backs and was being used as a residential apartment, however, then such a use was consistent with the Cannel Zoning Ordinance. REQUEST NO. 4: Admit that the office/clubhouse building owned by Bush Development and located at 3008 Warren Way, Cannel, Indiana, was a legal conforming use under the Cannel Zoning Ordinance immediately prior to the commencement of this cause of action. ANSWER: Objection. Cannel lacks information sufficient to admit or deny whether the office/clubhouse building owned by Bush Development and located at 3008 Warren Way in Cannel was a legal conforming use immediately prior to the commencement of this lawsuit. Specifically, Cannel did not conduct an inspection of the office/clubhouse building immediately prior to the commencement of this lawsuit in an effort to determine if it complied with the set- back requirements and was being used in a manner consistent with the Carmel .Zoning Ordinance. If it complied with the set-back requirements and was being used for activities to support the use and operation of a residential apartment complex, however, then such a use was consistent with the Cannel Zoning Ordinance. REQUEST NO. 5: Admit that the multi-unit parking garage (the "Parking Garage") owned by Bush Development and located adjacent to Keystone Avenue and depicted on Exhibit B hereto, was a legal conforming use under the Cannel Zoning Ordinance immediately prior to the commencement of this cause of action. ANSWER: Objection. Carmel lacks information sufficient to admit or deny whether the Parking Garage owned by Bush Development was a legal conforming use immediately prior to the commencement of this lawsuit. Specifically, Carmel did not conduct an inspection of the Parking Garage immediately prior to the commencement of this lawsuit in an effort to determine if it complied with the set-back requirements and was being used in a manner consistent with the - 2 - Carmel Zoning Ordinance. If it complied with the set-back requirements and was being used for activities to support the use and operation of a residential apartment complex, however, then such a use was consistent with the Carmel Zoning Ordinance. REQUEST NO. 6: Admit that the building owned by Bush Development and located at 3002 Warren Way became an illegal, non-conforming use under the Carmel Zoning Ordinance as a result of the taking that is the subject of this cause of action, as a result of the failure to meet the thirty-five(35)foot minimum setback requirement under the Carmel Zoning Ordinance. ANSWER: Deny. REQUEST NO. 7: Admit that the office/clubhouse building owned by Bush y ,. Development and located at 3008 Warren Way, Cannel, Indiana, became an illegal, non- conforming use under the Carmel Zoning Ordinance as a result of the taking that is the subject of this cause of action, as a result of the failure to meet the thirty-five (35) foot minimum setback requirement under the Cannel Zoning Ordinance. ANSWER: Deny. rr REQUEST NO. 8: Admit that the multi-unit Parking Garage owned by Bush Development and located adjacent to Keystone Avenue became an illegal, non-conforming use under the Carmel Zoning Ordinance as a result of the taking that is the subject of this cause of action, as a result of the failure to meet the thirty (30) foot setback requirement provided for under the Keystone Avenue Corridor Overlay Zone. ANSWER: Deny. - 3 Respectfully submitted, Alan S. Townsend Attorney No. 16887-49 BOSE McKINNEY&EVANS LLP 111 Monument Circle, Suite 2700 Indianapolis, IN 46204 (317) 684-5000 (317)684-5173 (FAX) Attorneys for the Plaintiff, the City of Cannel -4- CERTIFICATE OF SERVICE The undersigned hereby certifies that a copy of the foregoing "Answers to the First Requests for Admission" has been deposited in the United States mail, first class postage prepaid, on the 17th day of February,2010, addressed to: Zeff A.Weiss Andrew J. Miroff ICE MILLER LLP One American Square Suite 2900 Indianapolis, IN 46282-0200 Alan S.Townsend 1576256/8824-102 - 5 - • EXHIBIT A You are commanded to bring with you the following: 1, A copy of the City of Carmel Comprehensive Plan, including but not limited to the sections thereof relating to the property which is the subject of this cause of action, commonly known as Woodland Springs Manor,situated in the southeast corner of E. 116'h Street and Keystone Avenue,in the City of Carmel,Indiana("Woodland Springs Manor"). 2. A copy of the City of Carmel Zoning Ordinance, including but not limited to the sections thereof relating to the R-4 district, and all zoning base maps that would reflect the zoning and development standards in respect of the property which is the subject of this cause of action,commonly known as Woodland Springs Manor. 3. Any and all documents in the files of the Department of Community Service of the City of Carmel,with respect to the zoning clarification of,variances, licenses to encroach or permits relating to Woodland Springs Manor. 4. Any and all files of the Department of Community Service with respect to Woodland Springs Manor, including but not limited to those relating to the rezoning of the property commencing with the date immediately prior to the construction of Woodland Springs Manor in 1976. 5. Your entire file relating to this matter(specifically any and all materials contained within the files of the Department of Community Service of the City of Carmel with respect to the property commonly known as Woodland Springs Manor, including, but not limited to: working papers,all correspondence,notes,field notes, investigations,data,inspections, surveys, summaries, demonstrations, photographs, movies, videotapes, diagrams, drawings, blueprints, emails,electronic documents or any other items prepared,gathered,considered tested, created or relied upon by you or the City of Carmel in the course of your investigation of or work on this case or in respect of Woodland Springs Manor. 6. All reports, either preliminary or final, created or authored by you or the City of Carmel in this case including any reports created,whether delivered to the plaintiffs or Plaintiffs counsel or not,in respect of Woodland Springs Manor. 7. All memoranda,letters,work papers,spreadsheets,databases,presentations,notes and other documents created by you relating to Defendant and/or this litigation,including drafts and marked-up copies thereof. S. All information, documents, or data received, reviewed, created, considered, relied upon or summarized by you or the City of Carmel which concern the zoning of this matter and related development standards in respect of Woodland Springs Manor. 9. Copies of all items provided to you by the plaintiffs or plaintiffs counsel in this case which were reviewed by you in order to provide background or information in order for you to prepare your testimony.